FDA Deeming Authority Clarification Act of 2017
Latest action · Feb 17, 2017 Referred to the Subcommittee on Health.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedFeb 16, 2017
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
FDA Deeming Authority Clarification Act of 2017
This bill amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to: (1) revise premarket review and reporting requirements for products newly deemed by the Food and Drug Administration (FDA) to be tobacco products; and (2) grant the FDA the authority to regulate vapor products, which include products that produce vapor with nicotine (e.g., e-cigarettes) and nicotine intended to be used with such a product (e.g., nicotine cartridges).
A product is not subject to premarket review by the FDA if it is marketed before it is deemed a tobacco product.
The bill delays deadlines for reports to the FDA on products similar to a marketed product that are introduced to market less than 21 months after that type of product is deemed a tobacco product.
The bill grants the FDA regulatory authority over vapor products that is in addition to the FDA's existing authority to regulate vapor products as tobacco products.
Provisions of the FFDCA applicable to tobacco product components also apply to vapor product batteries. The FDA must establish standards for vapor product batteries. Vapor products first marketed not later than 24 months after enactment of this bill are not subject to premarket review or reporting requirements based on changes to the product's battery to conform to standards.
Vapor products may not be advertised in publications, except publications with adult readership.
Vapor products may be sold only face-to-face, through vending machines in facilities where only adults are permitted, or by mail order.
Vapor products must be labeled with their nicotine content and specified phrases.
Retailers of vapor products must register with the FDA.Cosponsors 93
Members who signed on, in the order they did. Signatures ran from Feb 16, 2017 to Jun 26, 2018; 1 is an original cosponsor, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-GA | Sanford D. Bishop, Jr. | Original | Feb 16, 2017 |
| R-MI | Bill Huizenga | Mar 7, 2017 | |
| R-TX | Mac Thornberry | Mar 7, 2017 | |
| R-OK | Markwayne Mullin | Mar 7, 2017 | |
| R-OH | Steve Stivers | Mar 7, 2017 | |
| R-IL | Adam Kinzinger | Mar 8, 2017 | |
| R-NY | Chris Collins | Mar 8, 2017 | |
| R-NC | George Holding | Mar 8, 2017 | |
| R-KY | Harold Rogers | Mar 8, 2017 | |
| R-KS | Kevin Yoder | Mar 8, 2017 | |
| R-AR | Bruce Westerman | Mar 9, 2017 | |
| R-WI | F. James Sensenbrenner, Jr. | Mar 9, 2017 | |
| R-NV | Mark E. Amodei | Mar 9, 2017 | |
| R-AR | Steve Womack | Mar 9, 2017 | |
| R-KY | Brett Guthrie | Mar 13, 2017 | |
| R-TN | Charles J. "Chuck" Fleischmann | Mar 13, 2017 | |
| R-MI | Mike Bishop | Mar 13, 2017 | |
| R-PA | Tim Murphy | Mar 13, 2017 | |
| R-NE | Adrian Smith | Mar 16, 2017 | |
| R-VA | Dave Brat | Mar 16, 2017 | |
| R-MD | Andy Harris | Mar 17, 2017 | |
| R-PA | Mike Kelly | Mar 17, 2017 | |
| D-MO | Wm. Lacy Clay | Mar 17, 2017 | |
| R-FL | Carlos Curbelo | Mar 20, 2017 | |
| R-FL | Francis Rooney | Mar 20, 2017 | |
| R-MO | Billy Long | Mar 22, 2017 | |
| R-MI | John R. Moolenaar | Mar 22, 2017 | |
| R-NC | Richard Hudson | Mar 22, 2017 | |
| R-CA | David G. Valadao | Mar 23, 2017 | |
| R-CO | Mike Coffman | Mar 23, 2017 | |
| R-GA | Tom Graves | Mar 23, 2017 | |
| D-MN | Collin C. Peterson | Mar 27, 2017 | |
| R-NE | Don Bacon | Mar 27, 2017 | |
| R-IL | John Shimkus | Mar 27, 2017 | |
| R-LA | Clay Higgins | Apr 3, 2017 | |
| R-VA | H. Morgan Griffith | Apr 3, 2017 | |
| D-TX | Henry Cuellar | Apr 3, 2017 | |
| D-CA | Jim Costa | Apr 3, 2017 | |
| R-FL | John H. Rutherford | Apr 3, 2017 | |
| R-IA | Rod Blum | Apr 3, 2017 | |
| R-NC | Walter B. Jones | Apr 3, 2017 | |
| R-CO | Scott R. Tipton | Apr 4, 2017 | |
| R-SC | Mark Sanford | Apr 20, 2017 | |
| R-NC | Robert Pittenger | Apr 20, 2017 | |
| D-CA | Scott H. Peters | Apr 20, 2017 | |
| R-PA | Scott Perry | Apr 20, 2017 | |
| R-MI | Tim Walberg | Apr 20, 2017 | |
| R-MN | Tom Emmer | Apr 20, 2017 | |
| R-KY | Andy Barr | Apr 25, 2017 | |
| R-AR | J. French Hill | Apr 25, 2017 | |
| R-MS | Steven M. Palazzo | Apr 25, 2017 | |
| R-SC | Jeff Duncan | Apr 27, 2017 | |
| R-NC | Mark Meadows | Apr 27, 2017 | |
| R-NC | Ted Budd | Apr 27, 2017 | |
| R-TN | John J. Duncan, Jr. | May 2, 2017 | |
| R-FL | Mario Diaz-Balart | May 2, 2017 | |
| R-NC | Mark Walker | May 2, 2017 | |
| R-OH | Bill Johnson | May 15, 2017 | |
| R-VA | Bob Goodlatte | May 15, 2017 | |
| R-NY | Daniel M. Donovan, Jr. | May 15, 2017 | |
| D-OR | Kurt Schrader | May 15, 2017 | |
| R-PA | Lou Barletta | May 15, 2017 | |
| D-MS | Bennie G. Thompson | May 26, 2017 | |
| R-TX | Bill Flores | May 26, 2017 | |
| R-AL | Bradley Byrne | May 26, 2017 | |
| R-NC | David Rouzer | May 26, 2017 | |
| R-NE | Jeff Fortenberry | May 26, 2017 | |
| I-AZ | Kyrsten Sinema | May 26, 2017 | |
| R-VA | Scott Taylor | May 26, 2017 | |
| R-IA | Steve King | May 26, 2017 | |
| R-TX | Lamar Smith | Jun 7, 2017 | |
| R-AK | Don Young | Jun 12, 2017 | |
| R-FL | Thomas J. Rooney | Jun 14, 2017 | |
| R-CA | Devin Nunes | Jun 20, 2017 | |
| R-FL | Matt Gaetz | Jun 20, 2017 | |
| R-FL | Ron DeSantis | Jun 20, 2017 | |
| R-PA | Glenn Thompson | Jul 12, 2017 | |
| I-MI | Paul Mitchell | Jul 12, 2017 | |
| R-NY | Elise M. Stefanik | Jul 24, 2017 | |
| R-TN | Scott DesJarlais | Jul 24, 2017 | |
| R-PA | Tom Marino | Jul 24, 2017 | |
| R-GA | Doug Collins | Jul 25, 2017 | |
| R-TX | Pete Olson | Jul 28, 2017 | |
| R-NC | Virginia Foxx | Jul 28, 2017 | |
| R-CA | Jeff Denham | Aug 1, 2017 | |
| R-FL | Ted S. Yoho | Sep 12, 2017 | |
| R-PA | Ryan A. Costello | Oct 4, 2017 | |
| R-GA | Rob Woodall | Nov 7, 2017 | |
| D-AZ | Tom O'Halleran | Nov 15, 2017 | |
| R-MT | Greg Gianforte | Dec 1, 2017 | |
| R-VA | Thomas A. Garrett, Jr. | Mar 22, 2018 | |
| R-PA | Lloyd Smucker | Apr 10, 2018 | |
| R-VA | Robert J. Wittman | Jun 26, 2018 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Energy and Commerce Committee | Referred Feb 16, 2017 |
| Health Subcommittee | Referred Feb 17, 2017 |
Actions 3
Everything that happened, newest first.
- Feb 17, 2017Referred to the Subcommittee on Health.
- Feb 16, 2017Introduced in House
- Feb 16, 2017Referred to the House Committee on Energy and Commerce.
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 163, no. 28, February 16, 2017, page H1304.
CRS reports 1
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 1
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| IN10986 | FDA Warns of Youth Epidemic of E-Cigarette Use, Faces Regulatory Challenges Archived | Insight | Oct 23, 2018 |
Titles 2
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To amend the Federal Food, Drug, and Cosmetic Act to provide for a certain effective date with respect to deemed tobacco products, to provide for the establishment of product standards for vapor product batteries, to provide for regulation of vapor products, and for other purposes.
- Short Titles as Introduced
- FDA Deeming Authority Clarification Act of 2017
Subjects
Assigned by the Library of Congress. Policy area: Health.
Text 1
Each version as it was printed, newest first.
- Feb 16, 2017Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
